Deutsche Bank National Trust Company v. Tucker

Summarized by Laura Bartell , Wayne State University Law School
15 years 5 months ago

Citation:

(6th Circuit, Dec 31,1969)

Tag(s):

6th Circuit

Ruling:

Under plain language of section 1322(e), amount of arrearages which must be cured under section 1322(e) includes fees and costs permitted by contract terms and applicable nonbankruptcy law even for undersecured creditor. Bankruptcy court decision to the contrary vacated and case remanded.

Procedural context:

Direct appeal under 28 U.S.C. section 158(d)(2) from bankruptcy court order

Facts:

Creditor held a mortgage securing debt of more than $103,000 on Debtor's home worth approximately $88,000. Creditor's claim included $23,286.89 in prepetition arrearages. Debtor proposed to cure the arrearages only to the extent that they constituted secured amounts under section 506, and the bankruptcy court sustained Debtor's position.

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